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SERVICE TAX—CLARIFICATION

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..... sub-section 2 of Section 64 of the Finance Act, 1994 (32 of 1994) appointing the 1st July of 1994 as the date on which Chapter V of the Act shall come into force. 3. In exercise of the powers conferred by sub-section 1 read with sub-section 2 of Section 94 of the Finance Act, 1994, the Service Tax Rules,1994 have been framed vide Notification No. 2/94-Service Tax, dated 28-06-1994 . 4. Service Tax has been imposed for the first time and it is necessary that detailed instructions are available to the Filed Officers for collection and assessment of the service tax. A general scheme for the purpose of implementation, covering aspects of registration, maintenance of records, assessment, quarterly return and appellate mechanism has bee .....

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..... f service tax. 3. INSURANCE In relation to General Insurance business also the facility of one point payment of service tax by the Chairman or Chairman-cum-Managing Director of the insurance companies has been extended. For this purpose, the service tax will be paid by GIC and New India Assurance Company Ltd. in Bombay; National Insurance Company will be paying the tax in Calcutta; Oriental Insurance Company will be paying the tax in Delhi. The United India Insurance Company Ltd. will be paying the service tax in Madras. The branches and divisions of the insurance companies will not pay the service tax and it is their head office which has been made responsible for payment of service tax. They will apply for registration to the jurisd .....

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..... ficate is not granted within the said period the registration applied for shall be deemed to have been granted. 6. PAYMENT OF SERVICE TAX Rule 6 of the Service Tax Rules, 1994, deals with the payment of Service Tax. A letter has been received from the Office of the Principal Chief Controller of Accounts that the existing banks authorised to collect central excise duties in each of the Collectorates will also undertake the collection work of service tax for the present. (A copy of their letter is enclosed) A copy of TR-6 Form is enclosed for the purpose of deposit of service tax. The service tax will be deposited under Head 0044. The concept or provisional assessment has been built into the scheme of Service Tax Rules. Whenever an .....

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..... s of the receipt of the copy of the quarterly return from the Central Excise Officer. The assessee may also apply for refund whenever he has paid service tax more than the tax assessed in accordance with the provisions of Section 11B of the Central Excises and Salt Act, 1944. 7. APPELLATE MECHANISM Appellate mechanism relating to central excise has been made applicable for the purpose of service tax also with necessary modifications. Administrative Machinery for Collection of Service Tax 1. The Collector of Central Excise will constitute a cell division in the head quarters office of the Collectorate to deal with all matters relating to Service Tax. 2. The cell / division shall be headed by an Assistant Collector of Central Exci .....

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..... anges or by the administrative mechanism. They should also ensure that to begin with no harassment is faced by any assessee and they should be available to the assessee for removing their doubts. ANNEXURE No. Co-ordll3 (6)/94-95/Service-Tax/1473 OFFICE OF THE PRINCIPAL CHIEF CONTROLLER OF ACCOUNTS CENTRAL BOARD OF EXCISE CUSTOMS A.G.C.R.BUILDING, (1 ST FLOOR) NEW DELHI-110 002 Dated: 9 June, 1994 To Shri Arvind Singh, Deputy Secretary (Cx. 4), Ministry of Finance, Department of Revenue, New Delhi. Sub: Finance Bill 1994 - Chapter V-Imposition of Service Tax-Regarding Ref : Ministry's O.M. No. 137/1/94-CX-4 dated 15-04-1994 Sir, With reference to the above, I am directed to inform that i .....

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..... Rs. Ps. required) 0044-Service Tax 101-Tax on .Telephone Billing 102-Tax on General Insurance Premia .103-Tax on Stock Brokerage . Commission. . TOTAL (in Words) Rupees .. Date Signature of the tenderer (To be filled by the Bank) Received payment (in words) Space for Focal Bank Stamp Indicating the date, amount Rupees credited to Government Account. Bank's Receipt Stamp: Signature of the Autho .....

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